RESOLUTION 92-20494 • RESOLUTION NO. 92-20494
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A FIRST
AMENDMENT TO THE AGREEMENT BETWEEN MAJESTIC
CO. , A NEW JERSEY PARTNERSHIP, AND THE CITY OF
MIAMI BEACH, A FLORIDA MUNICIPAL CORPORATION.
WHEREAS, pursuant to City Commission Resolution No. 91-20228
the City of Miami Beach (the "City") and Majestic Co. ("Majestic")
entered into an Agreement (herein referred to as the "Agreement")
dated January 23 , 1991 for the vacation and improvement of a
portion of the right-of-way located between 10th and 11th Streets
along the West side of Washington Avenue; and
WHEREAS, said Agreement provided in Paragraph 6 thereof for
automatic termination in the event that Majestic did not meet
certain conditions within six months of the date of the Agreement;
and
WHEREAS, Majestic has taken title to Lots 1, 2 and 3 , secured
preliminary Design Review Board approval and delivered the City a
check in the amount of $100, 000 as security for Maj estic' s duty to
construct the improvements; and
WHEREAS, Majestic needs additional time to secure final Design
Review Board approval ; and
WHEREAS, the parties wish to revise the termination clause to
provide additional time to meet the conditions precedent to
vacation; and
WHEREAS, the parties have negotiated a First Amendment to the
Agreement, a copy of which is attached hereto.
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NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH that the Mayor and City Clerk are hereby
authorized to execute the attached First Amendment to the Agreement
between Majestic Co. , a New Jersey partnership, and the City of
Miami Beach, a Florida municipal corporation, a copy of which is
attached hereto.
ADOPTED this 22nd day of / April 1992 .
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ATTEST:
FORM APPROVED
C TY CLERK LE A DEPT.
PNB: lm By
C:\resolulti\majestic.ame22 /2-
April 28, 1992 Date
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CITY OF MIAMI BEACH
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CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
COMMISSION MEMORANDUM NO. D11 -012
DATE: April 22 , 1992
TO: Mayor Seymour Gelber and
Members of the City Commission
FROM: Roger M. Carlton( /\
City Manager
FIRST AMENDMENT TO THE AGREEMENT WITH MAJESTIC COMPANY,
SUBJECT: A NEW JERSEY PARTNERSHIP, AND THE CITY OF MIAMI BEACH,
A FLORIDA MUNICIPAL CORPORATION, FOR THE VACATION AND
IMPROVEMENT OF A PORTION OF THE RIGHT-OF-WAY LOCATED
BETWEEN 10TH AND 11TH STREETS, ALONG THE WEST SIDE OF
WASHINGTON AVENUE, MIAMI BEACH, FLORIDA
Background:
The City Commission, pursuant to Resolution No. 91-20228 , entered
into an Agreement with Majestic Company, a New Jersey Partnership,
dated January 23 , 1991, for the vacation and improvement of a portion
of the right-of-way located between 10th and 11th Streets, along the
west side of Washington Avenue, Miami Beach, Florida.
The overall concept was to take all of the properties on that block,
which will be under common ownership, and create a 200-plus or minus
room Tropical Deco Resort. This project would preserve all of the
buildings and would tie the properties together so that guests and
service people could gain access to the properties. The City
Administration and legal staff incorporated the concerns of the City
Commission, including the redesign and relocation of the Kramer
Memorial from the subject property to a location at the Justice
Center to the north, as approved by the Chief of Police.
In that the Majestic Company was the owner of Lots 4 , 5 and 6, of
Block 36, of Ocean Beach Addition No. 3 , according to the Plat
thereof as recorded in Plat Book No. 2 , Page 81, of the public
records of' Dade County, Florida. The City was willing to vacate the
subject property, provided that all of the following specific
conditions were met:
a. Majestic Company takes title to Lots 1, 2 and 3 , of
Block 36.
b. Majestic Company secures Design Review Board approval for
the improvements to be made on the subject property and on
Lots 7 and 8 , of Block 36 .
c. Majestic Company delivers, to the City, a Letter of Credit
in favor of the City in the amount of $100, 000 as security
for the agreement of Majestic to commence construction of
the improvements on the subject property and on Lots 7 and
8 , within six (6) months of the date of vacation and
complete construction within 12 months of commencement.
continued. . .
AGENDA -- --
84
ITEM
DATE 1-22-
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Comm. 'Memo/Majestic Company - 2 - April 22 , 1992
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Current Status:
The agreement provided for the automatic termination in the event
that Majestic Company did not meet certain conditions within six (6)
months of the date of the agreement. .Majestic has taken title to
Lots 1, 2 and 3 , received preliminary Design Review Board approval
and delivered to the City a check in the amount of $100, 000 to be
used as security for Majestic ' s duty to construct the improvements.
Majestic needs additional time to secure final Design Review Board
approval, and the parties wish to revise the termination clause to
provide additional time to meet the conditions precedent to vacation.
ADMINISTRATION RECOMMENDATION:
The City Administration recommends that the Mayor and City Clerk be
authorized to execute a First Amendment to the Agreement between
Majestic Company, a New Jersey Partnership, and the City of Miami
Beach, a Florida Municipal Corporation, for the vacation and
improvements of a portion of the right-of-way located between 10th
and 11th Streets, along the west side of Washington Avenue.
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Attachments
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85
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FIRST AMENDMENT TO AGREEMENT
This First Amendment to Agreement made and entered into this
28th day of April, 1992 between Majestic Co. , a New Jersey
partnership, hereinafter referred to as "Majestic" , and the City of
Miami Beach, a Florida municipal corporation, hereinafter referred
to as "City" .
WITNESSETH
WHEREAS, pursuant to City Commission Resolution No. 91-20228
the City and Majestic entered into an Agreement (herein referred to
as the "Agreement") dated January 23 , 1991 for the vacation and
improvement of a portion of the right-of-way located between 10th
and 11th Streets along the West side of Washington Avenue; and
WHEREAS, said Agreement provided in Paragraph 6 thereof for
automatic termination in the event that Majestic did not meet
certain conditions within six months of the date of the Agreement;
and
WHEREAS, Majestic has taken title to Lots 1, 2 and 3 , secured
preliminary Design Review Board approval and delivered the City a
check in the amount of $100, 000 as security for Maj estic' s duty to
construct the improvements; and
WHEREAS, Majestic needs additional time to secure final Design
Review Board approval; and
WHEREAS, the parties wish to revise the termination clause to
provide additional time to meet the conditions precedent to
vacation.
NOW, THEREFORE, in consideration of the mutual covenants
contained herein, and other good and valuable consideration, the
receipt of which is hereby acknowledged, the parties hereby agree
as follows:
1) The above recitals are true and correct and are hereby
incorporated by reference into this Agreement.
2) Paragraph 6 of the Agreement is hereby amended to read as
follows:
6. Termination. This Agreement shall be
automatically terminated, without the
requirement of further action on the part of
either party, in the event Majestic does not
take title to Lots 1, 2 and 3 of Block 36,
Plat Book 2, Page 81, as evidenced by
recording a Warranty Deed in the Public
Records of Dade County within ninety (90) one
hundred twenty (120) days of this Agreement.
This Agreement shall also terminate
automatically, without the requirement of
further action on the part of either party,
in the event that Majestic has not met all the
conditions as set forth in paragraph three (3)
above within six (6) months of the date of
this Agreement on or before July 30, 1992 .
3) The parties hereby ratify and confirm all other terms and
conditions of the Agreement which remain unchanged.
IN WITNESS WHEREOF, the parties hereto have hereunto caused
these presents to be signed in their names by their duly authorized
officers and principals, attested by their respective witnesses and
City Clerk on the day and year first hereinabove written.
Dated this 28th day of April , 1992
ATTEST: CITY • MIAMI BEACH
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BY: Ilir '
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CITY CLERK MAV O' V
WITNESS MAJESTIC CO. , A NEW JERSEY
PARTNERSHIP
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BY•
GENERAL PARTNER
PNB: lm
C:AMENDMENT\MAJESTIC.1ST FORM APPROVED
April 13, 1992
LEGAL DEPT.
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tthSULU;J.I N NU. 9 -2U494
Authorizing the Mayor and City Clerk to
execute a first amendment to the
agreement between Majestic Co. , a New
Jersey Partnership, and the City of Miami
Beach, a Florida Municipal Corporation.
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